National Bank v. Graham

Order unanimously affirmed, with costs, for the reasons stated in the memorandum decision at Supreme Court, Jefferson County, Sullivan, J. Memorandum: We add only the following. The judgment awarded plaintiff the balance due on loans made by it under an overdraft-checking agreement (Banking Law, § 108, subd 5, par [a]). Although it need not be reviewed (Telmark, Inc. v National Commercial Bank & Trust Co., 73 AD2d 777), we find nonetheless that defendants’ claim of usury, raised for the first time on appeal, is without merit (Brown v First Nat. City Bank, 503 F2d 114; American Express Co. v…